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(영문) 대법원 2016.12.29 2016도17010

마약류관리에관한법률위반(향정)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the first instance court, the lower court was justifiable to have found the Defendant guilty of purchasing phiphones among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the burden of proof of facts constituting a crime

In addition, the argument that the court below erred by misapprehending the legal principles as to the admissibility of evidence of the protocol of examination of suspect prepared by an investigative agency other than the prosecutor of another suspect who is an accomplice and the statement made by a person other than the defendant, and the admissibility of evidence of the telephone recording file, is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the court below did not consider

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.